Title 26 — MINORS

The Department of Social Services may provide for and implement treatment for juvenile system involved youth. The Department of Social Services, in coordination with the Department of Corrections and Unified Judicial System, shall identify community-based treatment to be made ava…

The Department of Social Services shall collect data, in the aggregate and by provider, on the number of juveniles referred to treatment, the number and percent of juveniles completing treatment and not completing treatment for juveniles receiving treatment paid for by the Depart…

The Department of Tribal Relations, in coordination with necessary state agencies, treatment providers, law enforcement, and stakeholders, shall evaluate and make recommendations to the oversight council to improve outcomes for Native American children in the juvenile justice sys…

The Department of Tribal Relations shall report to the oversight council by December 31, 2016, the progress of the evaluation required by §

There is hereby established a Juvenile Justice Oversight Council responsible for monitoring and reporting performance and outcome measures related to the provisions set forth in this chapter. Source: SL 2015, ch 152 , § 11.

The Juvenile Justice Oversight Council is created for the purpose of providing an independent review of the state juvenile justice system and providing recommendations to the Legislature, Governor, and Chief Justice. The oversight council consists of the following nineteen member…

The oversight council terminates on June 30, 2031, unless the Legislature continues the oversight council for a specified period of time. The oversight council shall meet semi-annually or at the call of its chair or at the request of a majority of its members. The oversight counc…

Pursuant to § 26-7A-125 , the Supreme Court hereby adopts the following juvenile graduated response grid and rules to guide court services officers in determining the appropriate response to a violation or compliance with the conditions of juvenile probation. It is the policy of …

There is hereby established a juvenile response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South D…

Nothing in this chapter shall be construed to limit the sentencing court's ability to respond to a probation violation or modify the terms and conditions of probation. Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016. APPENDIX TO CHAPTER 26-8E Appendix A. San…

The response grids in Appendix A and Appendix B to this chapter are hereby adopted for statewide use by court services officers. The response grids shall be utilized statewide for all juvenile delinquency and child in need of supervision (CHINS) cases supervised through court ser…

Court services officers should utilize the incentives grid to provide incentives for compliance with the conditions of probation. Incentives should be individualized to the juvenile and provided in a manner that acknowledges achievements and reinforces positive behavior. Source: …

These response grids shall be made a standard condition of juvenile probation and the juvenile probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court services officer for the judicial circuit. In…

The response grid applies to conduct that is a violation of the terms and conditions of juvenile probation including an arrest for a new offense. If a juvenile probationer is arrested for a violent offense or an offense that involves substantial threat of violence or a sex offens…

A court services officer shall respond to a violation through the application of the sanctions grid by utilizing the appropriate cells based on the juvenile probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discret…

Court services officers shall consider the risk the juvenile probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also e…

Detention shall only be requested in conjunction with the filing of a formal petition to modify or revoke probation. Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.

A sanction cannot extend the term of probation. Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.

Any person who, by any act, causes, encourages, or contributes to the abuse, the neglect, or the delinquency of a child, or any person, other than a parent who, by any act, causes a child to become a child in need of supervision, as such phrases with reference to children are def…

Nothing in any laws referred to in § 26-9-9 or similar laws shall be construed to be inconsistent with this chapter or chapters 26-7A , 26-8A , 26-8B , and 26-8C or to prevent proceedings hereunder, but in all cases where there shall be more than one prosecution for the same offe…

The court may suspend sentence, stay, or postpone the enforcement of execution, or release from custody any person found guilty in any such prosecution, upon such conditions as shall be imposed by the court in accordance with the provisions of this chapter. Source: SDC 1939, § 43…

The court may permit any child to remain in the custody of the person found guilty of contributing to its abuse or neglect, under such suspended sentence, upon such conditions for the treatment and care of such child as may seem to the court to be for its best welfare, or as may …

If any person has been found guilty of contributory abuse, contributory neglect, or contributory delinquency, and the court has suspended the execution of the sentence during the good behavior and satisfactory conduct of the defendant or upon any other terms and conditions which …

No sentence shall be suspended or final judgment or execution stayed, in the case of any person found guilty under § 26-9-1 , to exceed a period of two years. If at any time prior thereto it shall appear to the satisfaction of the court that such person has complied faithfully wi…

Any person found guilty under this chapter of contributory abuse or contributory neglect may be required to furnish a good and sufficient bond to the state in such penal sum as the court shall determine, not exceeding one thousand dollars, conditioned for the payment of such amou…

As a part of the conditions of any bond mentioned in § 26-9-15 , it shall be understood that it shall not be necessary to bring a separate suit to recover the penalty of any such bond which has become forfeited, but the court may cause a citation or summons to issue to the surety…

Any money collected or paid upon any execution issued pursuant to § 26-9-16 or in any case upon such bond shall be turned over to the clerk of the court, to be applied first to the payment of all court costs and then to the care or maintenance of the child or children for whose d…

When any person is prosecuted under § 26-9-1 , and the charge against such person concerns the abuse or neglect of a child, the offense for convenience may be termed contributory abuse or contributory neglect. If it concerns the delinquency of a child, for convenience it may be t…

Subject to § 16-12B-11 , the circuit court in all counties shall have original jurisdiction of all prosecutions under this chapter. Source: SDC 1939, § 43.0408; SL 1971, ch 151 , § 4; SL 2021, ch 86 , § 3.

Probation officers having the powers of peace officers, as well as state's attorneys, shall have the right and be vested with all power necessary to file complaints against any person under § 26-9-1 and to prosecute any such case. In all such cases it shall be the duty of the sta…

In prosecutions conducted as provided in this chapter, the rules of interpretation and construction set forth in §§ 26-9-6 to 26-9-10 , inclusive, shall be observed. Source: SDC 1939, § 43.0409.

In order to find any person guilty of violating this chapter, it is not necessary to prove that the child has actually become abused, neglected, or delinquent, provided it appears from the evidence that through any act of abuse, neglect, or omission of duty or by any improper act…

This chapter and chapters 26-7A , 26-8A , 26-8B , and 26-8C shall be liberally construed in favor of the state for the purposes of the protection of the child from neglect or omission of parental duty toward the child by its parents, as well as to protect the children of the stat…

Nothing in this chapter may be construed to be in conflict with or to repeal or prevent proceedings under any law of this state which may have otherwise defined any specific act of any person as a crime of any character, which act might also constitute contributory abuse, contrib…

This chapter shall not be construed to be inconsistent with any law providing for the support by the parent or parents of their minor children, or any law providing for the punishment of cruelty to children or the taking of indecent liberties with or selling liquors, tobacco, or …

Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable …

Transferred to § 26-8A-23 26-10-2

Transferred to § 26-8A-13 26-10-13

Transferred to §§ 26-8A-14 , 26-8A-15 26-10-16 26-10-16 , 26-10-17. Transferred to §§ 26-8A-17 , 26-8A-18 26-10-17.1

Transferred to § 25-4-45.4 26-10-18

26-10-20 Repealed. 26-10-21 26-10-21 , 26-10-22. Repealed by SL 1994, ch 280 , §§ 6, 7 26-10-23

No minor may be tattooed unless the minor's parents have signed a consent form authorizing the tattoo. Any person who tattoos a minor without parental consent is guilty of a Class 2 misdemeanor. The term "tattoo" means to make permanent marks or designs on the skin by puncturing …

26-10-3

No person under the age of eighteen years shall box professionally in the State of South Dakota. Source: SL 1978, ch 301 , § 2. 26-10-3. Repealed by SL 1971, ch 211 , § 121 26-10-4. Repealed by SL 1977, ch 189 , § 126 26-10-5. Superseded 26-10-6. Repealed by SL 1977, ch 189 , § 1…

Source: SL 1986, ch 224 , § 1; SL 2020, ch 148 , § 5. 26-10-21, 26-10-22. Repealed by SL 1994, ch 280 , §§ 6, 7 26-10-23. Repealed by SL 1998, ch 215 , § 2

26-10-25 Time for commencing civil action for damages resulting from childhood sexual abuse. 26-10-26 Date of discovery in child sexual abuse action. 26-10-27 Knowledge of parent or guardian. 26-10-28 "Child" defined. 26-10-29 "Childhood sexual abuse" defined. 26-10-30 Permitting…

Source: SL 1989, ch 235 , § 3; SL 1992, ch 158 , §§ 6, 96; SL 2020, ch 148 , § 6.

Any civil action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within three years of the act alleged to have caused the injury or condition, or three years of the time the vi…

The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common course of c…

The knowledge of a custodial parent or guardian may not be imputed to a person under the age of eighteen years for the purposes of §§ 26-10-25 to 26-10-29 , inclusive. Source: SL 1991, ch 219 , § 3.